Work authorization refers to the legal permission granted to an individual to work in a specific country. In the context of human resources (HR), it involves the verification of employment eligibility based on the regulations of the respective country.
Why is work authorization important to HR?
HR must verify a worker’s work authorization before an employee can begin their onboarding to ensure the organization complies with immigration laws and regulations. Hiring unauthorized workers can lead to serious legal consequences, including substantial fines and penalties. Therefore, HR must ensure employees have the right work authorization before they start their job.
What are some common types of work authorization?
Common types of work authorization include work visas and work permits, which are issued by a country to foreign nationals. The US issues employment authorization documents (EAD).
Work visas are typically only valid when working for a specific employer.
Deel supports work authorization in 30+ countries. Our in-house immigration team handles all the intricate visa admin, freeing up valuable time for your HR team.
How does work authorization impact global hiring?
Work authorization plays a significant role in global hiring. It determines the eligibility of foreign nationals to work in a specific country. HR must understand the work authorization requirements of each country they hire in to ensure compliance with local laws. This includes obtaining necessary work visas or permits for foreign workers.
How does work authorization affect the global workforce?
Work authorization impacts the mobility and diversity of the global workforce. It can limit or enable the movement of talent across borders. For instance, strict work authorization regulations may deter foreign talent, while more relaxed regulations can attract a diverse range of skills and experiences.
What role does work authorization play in remote work?
With the rise of remote work, work authorization has become more complex. Employees working remotely outside their home country or from a different country than their employer may still require proper work authorization. HR must understand the rules and regulations around remote work to ensure compliance and avoid legal issues.
What are the potential legal issues related to work authorization?
Potential legal issues related to work authorization include hiring unauthorized workers, discrimination based on nationality or immigration status, and failure to document and verify work authorization properly. Each of these can lead to legal penalties, including fines and potential damage to the organization’s reputation.
How can HR ensure compliance with work authorization laws?
HR can ensure compliance with work authorization laws by implementing a comprehensive work authorization verification process, training HR staff on immigration laws and regulations, conducting regular audits, or using HR technology with built-in compliance.
Deel’s global HR platform comes with a built-in work authorization process. When creating a new employment contract through Deel, the platform will:
- Identify the specific work authorization requirements in the country or region you wish to hire
- Request the new hire to upload the necessary compliance documents, such as passports, visas, or green cards, and ensure that the documents are current and valid
- Assist the new hire (and their dependents) in obtaining the necessary work authorization if they do not yet have it
How can HR improve the work authorization application processes?
HR can improve work authorization processes by streamlining documentation and using technology to manage and track work authorizations. This can reduce errors, save time, and ensure the organization remains compliant.
You can adopt a hands-off approach when you manage the work authorization process through Deel. The platform’s self-serve capabilities enable new hires to upload supporting documentation easily to streamline the work authorization process.
If the hire is not authorized, you can use Deel’s eligibility checker to see if they qualify for a work visa. Eligible categories will depend on the candidate’s individual circumstances.
If the worker is eligible, Deel’s in-house visa and immigration experts can handle the application process, including hiring and sponsoring their visa to accelerate processing times. Deel will file forms with the relevant authorities and pay the application filing fee.
The company and the worker can track the status of their application for employment authorization or visa via the platform’s tracker.
US employers looking to hire or relocate employees to the US permanently can use Deel’s EOR service to sponsor H-1B visas and green cards, which provide foreign nationals with legal permanent resident status and, eventually, American citizenship.
What is the role of HR in maintaining work authorization records?
HR is responsible for maintaining all employees’ accurate and up-to-date work authorization records. This includes initial documentation and any changes in work authorization status. These records are crucial for demonstrating compliance in case of audits or inspections.
When work authorization is obtained through Deel, work authorization records are securely stored and maintained within the platform. The platform will also notify you when the work authorization is due to expire so you can make new arrangements or start the renewal process ahead of the expiration date.
Can work authorization status change?
Yes, an individual’s work authorization status can change. For example, a foreign national might initially have a non-immigrant visa but later apply to become a lawful permanent resident, which would change their work authorization status. HR must keep track of these changes to ensure ongoing compliance.
Deel’s visa and immigration experts can support you in the adjustment of status if the worker is eligible.
Get worldwide work authorization without all the legwork with Deel.